꾸란에 근거한 이슬람 형벌에 관한 연구 -사우디아라비아를 중심으로-
A Study on Punishments in Islam focussed on the Quran -in Saudi Arabia-
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This paper dealt with the penal system and punishment in Quran in an attempt to understand its main characteristics and underlying principles. The findings of this research may summarized by saying that Islamic law mentioned in the Quran possesses a unique concept of punishment and concentrates on preventing the commission of offences. This relates to that part of the penal system in the Quran as qisss and hadd punishments. In this area nothing is left to the legislator in the muslim society; he cannot add anything, subtract anything from, any of the rules laid down in the Quran and the sunnah relating to these punishments. Equally noteworthy is the Islamic manner of dealing with the crime of homicide, with its dualistic notion of punishment for a crime and compensation for a tort. Thus, the concept of ta'zir, or discretionary punishments, with the wide authority given to the ruler or legislator to establish crimes and their punishments, and with its direct concern with public morality, presents a permanent base on which the needs of the muslim society can be met.
Abstract
This paper dealt with the penal system and punishment in Quran in an attempt to understand its main characteristics and underlying principles. The findings of this research may summarized by saying that Islamic law mentioned in the Quran possesses a unique concept of punishment and concentrates on preventing the commission of offences. This relates to that part of the penal system in the Quran as qisss and hadd punishments. In this area nothing is left to the legislator in the muslim society; he cannot add anything, subtract anything from, any of the rules laid down in the Quran and the sunnah relating to these punishments. Equally noteworthy is the Islamic manner of dealing with the crime of homicide, with its dualistic notion of punishment for a crime and compensation for a tort. Thus, the concept of ta'zir, or discretionary punishments, with the wide authority given to the ruler or legislator to establish crimes and their punishments, and with its direct concern with public morality, presents a permanent base on which the needs of the muslim society can be met.
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